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Title: The impact of the HRA 1998 on the MHA 1983 : the human rights of persons with intellectual disability
Author: Dimopoulos, Andreas
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 2003
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The present thesis examines legal issues relating to human rights and intellectual disability within the wider context of liberal theory. The claim of the thesis is that a legal framework can be developed which both adequately protects the human rights of intellectually disabled persons, as well as grants these persons equality and more freedom of choice, in accordance to the rights increasingly recognised to intellectually disabled persons. The interpretive principle which supports the application of this framework is human dignity. Human dignity is understood, within this thesis, as respecting the critical interests of intellectually disabled persons, based on the theory of ethical individualism which Ronald Dworkin advances in his book “Sovereign Virtue”. Respecting the critical interest of intellectually disabled persons, and thereby their dignity, means two basis things, according to this thesis: first, upholding their autonomy. Guardianship and other legal frameworks of decision-making by proxy uphold the autonomy of intellectually disabled persons, by appointing an autonomous person to look after the affairs of the intellectually disabled. The missing autonomy of the intellectually disabled is exercised by proxy. Second: fostering their autonomy. Intellectually disabled persons require more help and support to succeed in their lives and that support has to be provided by the social and political community, commensurate with the needs and developmental possibilities of the person, as well as budgetary constraints.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available